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What Is Gainful Employment?


BoonDoc

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I was just denied for TDIU, and the VA's reson was that my last employer stated that I had missed no time from work, I worked 2 (two) hours per day that was compensated with a free apartment, and during that 2 hours I did routine maintenance and made a whole $400-450 per MONTH for a family of four!

The VA reasons that since I left such a wonderful job I am able to maintain gainful employment. I quit a full year before moving, and my wife took over for me. I have my IRS tax papers to prove it...if that would be considered proof.

They didn't address my failing Vocational Rehab because of my missing classes and being terminated from the program.

They didn't address the side effects that I stated from the medications, or secondary anxiety/ depression...the only problem is that I have anxiety all over my VA medical records, as well as Bipolar Disorder, but not reconized by the VA as secondary I'm working on trying to make that happen.

I guess they think I like being piss poor, and the black sheep of da family?!

I'd rather be working cause this is just to dang hard!

Steve

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Yeah- if you are tax dependent on IRS stuff and it shows you had no income or income below poverty that would help-

An SSA annual wage statement also would help a lot.

My husband got a crap job PT with the VAMC -and went into Voc Rehab-he was in Nuclear Power before his PTSD got to him-

The VA tried to take away his comp due to "substantial and gainful employment" and due to his becoming a rocket scientist in 3 months under Voc Rehab.

They reinstated on the NOD I sent them.Which was a NOD based on the exact words above- VA crap job part time (although it paid good but it was still crap) and the rocket scientist stuff-

you have to tell them exactly how it is.

Edited by Berta
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I don't know what the VA considers "gainful employment" or whether you are capable of gainful employment.

I do know that with SSA, they will let ya make $800 a month before they start reducing, note I said "reducing" not eliminating, your monthly benefit.

Which, of course, begs the question: Have you, or are you, groovin with the SSA?

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I get SSDI since 1995, and haven't worked any, not even volunteered as my attorney said that I could do.

I have been at the max allowable by law SC and found out about TDIU from a website, and first applied back in 1999, and regretably I didn't appeal that denial, since they cut another SC disability from 30% to 10% I was 70%, and now am rated 60% SC so I was afraid that they would take more, and not being able to work I quit.

I made $4038 in 1995, so my 1996 W-2's show that I didn't have gainful employment before I had to quit.

Thanks,

Steve

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Substantial Gainful Employment has nothing to do with the amount of money one can make. The VA will flag IU vets who earn over $6K per year, but the definition only applies to your ability to perform employment functions. I had a IU veteran from my Vet Center earn only $1000 one year and was called in to determine his fitness for employment, and have had others who made more and were never called in.

SSDI had a "Ticket to Work" program that allows you to earn up to the poverty level without losing benefits. However, if your IU and receiving SSDI, the Ticket to Work Program would not be a good idea.

Patrick

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Substantial Gainful Employment has nothing to do with the amount of money one can make. The VA will flag IU vets who earn over $6K per year, but the definition only applies to your ability to perform employment functions. I had a IU veteran from my Vet Center earn only $1000 one year and was called in to determine his fitness for employment, and have had others who made more and were never called in.

SSDI had a "Ticket to Work" program that allows you to earn up to the poverty level without losing benefits. However, if your IU and receiving SSDI, the Ticket to Work Program would not be a good idea.

Patrick

i am still waiting for SSD i filed an appeal in June of 2004 and was told by lawyer that oregon is behind but really this is a bit much in the mean time i have had 3 different Doctors turn in reports to support my claim but so far no go... IT is really shitty that on yours side you can have doctor after doctor say the same thing and on their side i have not even seen any medical people but still they just keep stalling and stalling hoping and wishing you would either go away or just die

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